Ultimately whether documents prepared or collected for cross-border investigations are privileged will depend on where the investigation is conducted as well as
the factual circumstances surrounding the creation of the document.
Not exact matches
In addition, the Court of Appeal found no reason to interfere with Justice Newbould's decision on the basis that he misapplied the law on the application of evidence dealing with the
factual matrix or the
surrounding circumstances of the MRDA.
Citing McCamus, The Law of Contracts, (Toronto: Irwin Law Inc., 2005) at 711, the Court of Appeal was careful to point out that an investigation as to evidence of the
surrounding circumstances or the
surrounding factual matrix is not dependent on a finding the agreement is itself ambiguous.
Lord Clarke stressed that nothing in the judgment was intended to underplay the importance of the Rule or to encourage the admission of evidence of pre-contractual negotiations beyond that which is admissible in order to explain the
factual matrix or
surrounding circumstances.
Before entering into a Juvenile Court action or a modification of a prior custody order, it is important to consult with a qualified attorney to understand how the law
surrounding custody in Juvenile Court will apply to your specific
factual circumstances.